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ANDHRA PRADESH STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, HYDERABAD
Hon’ble Mr. Justice P. Ramakrishnam Raju,
President & Dr. Mrs. Mamata Lakshmanna, Member
BHAVANA CHITS AND FINANCE & ANR.—Petitioners
versus
KANCHARLA ABHISELOMU—Respondent
F.A. I.A. No. 2063 of 2002 and F.A. S.R. No. 5298 of 2002—Decided on 13.3.2002
Counsels for the Parties :
For the Petitioners:Mr. K. Someswar Kumar, Advocate.
For the Respondent: Notice Stage.
The court upheld the District Forum's finding of deficiency in service on the part of the appellants and dismissed the appeal due to insufficient explanation for the delay and lack of merits.
Headnote:
Delay Condonation - Chit Fund Dispute - The court dismissed the application to condone the delay in filing the appeal, citing insufficient explanation for the delay and lack of merits in the appeal. The appeal was related to a chit fund dispute where the complainant had not received the amount due after the termination of the chit. The District Forum found deficiency in service on the part of the appellants and directed them to pay the complainant a sum with interest and costs. The appellants objected, claiming that the complainant had participated in an auction and withdrawn prize money, but the District Forum found their contentions false and upheld the original order. The appeal was dismissed, and the appellants were given six weeks for payment.
Fact of the Case:
The application to condone the delay of 111 days in filing the appeal was dismissed due to insufficient explanation for the delay and lack of merits in the appeal. The appeal was related to a chit fund dispute where the complainant had not received the amount due after the termination of the chit. The District Forum found deficiency in service on the part of the appellants and directed them to pay the complainant a sum with interest and costs.
Finding of the Court:
The court dismissed the application to condone the delay, citing insufficient explanation for the delay and lack of merits in the appeal. The District Forum's order was upheld, finding deficiency in service on the part of the appellants and directing them to pay the complainant a sum with interest and costs.
Issues: Delay Condonation, Chit Fund Dispute, Deficiency in Service, Payment Dispute
Ratio Decidendi: The court found that the explanation for the delay in filing the appeal was insufficient and lacked merits. The District Forum's finding of deficiency in service on the part of the appellants was upheld, and the appellants' objections regarding the complainant's participation in an auction and withdrawal of prize money were found to be false.
Final Decision: The appeal was dismissed, and the appellants were given six weeks for payment.
Mr. Justice P. Ramakrishnam Raju, President—This is an application to condone the delay of 111 days in filing the appeal.
2. What is stated in the petitioner’s affidavit is that he made an application for certified copy of the order on 24.6.2002 and received the same on the same day. As he was suffering from hypertension with viral infection he was under the treatment of Dr. V.V.S. Prasada Rao till 25.10.2002. He became fit for travel from 8.11.2002. Accordingly he reached Hyderabad on 11.11.2002 and filed this appeal. Hence there is a delay of 111 days in filing the appeal. He also filed a certificate from Aswani Hospital stating that he was advised rest from 15.7.2002 to 25.10.2002. Even accepting the certificate issued by the hospital there is no explanation why the appeal was not filed till 11.11.2002 when he has become normal from 25.10.2002. This explanation, therefore, cannot be accepted and the application is devoid of merits and is accordingly dismissed.
3. Even otherwise there are no merits in the appeal.
The opposite parties in C.D. No. 361/2002 on the file of District Forum, Visakhapatnam are the appellants.
4. The case of the complainant is that the complainant joined as a member in the Chit Group BVCL-I on 5.8.1995 which is for a value of Rs. 25,000/- payable in 50 months at the rate of Rs. 500/- per month. The complainant had paid 46 instalments. He was not paid the amount due to him after the termination of the chit. Hence he approached the District Forum.
5. The District Forum found that there is deficiency in service on the part of the appellants and accordingly directed them to pay a sum of Rs. 20,517/- with interest at 24% p.a. from the date of termination of the chit till payment with costs of Rs. 1,000/-. Hence the appeal.
6. The main objection of the appellants is that the complainant participated in the auction held on 25.4.1999 agreeing to forego a sum of Rs. 1,500/-. He had also withdrawn the prize money of Rs. 23,450/- on 30.5.1999. For this the appellant relies upon voucher and receipts. The District Forum rightly found that the invariable practice of chit fund companies is to obtain voucher and receipt and thereafter issue a cheque leisurely. The appellants did not produce their registers. Whenever the Chit Fund Company pays the money to its members either as prize money or at the termination of the chit it will be paid only by way of cheque. Therefore, the contention of the opposite parties that they have paid the money to the complainant through cash is absolutely false. Hence the District Forum rightly found that there is deficiency in service.
7. The learned Counsel for the appellants produced the day book which contains more gaps than the entries. Many customers signed but no signature is obtained from this complainant. The most crucial circumstance in this case is that the appellants contend that they paid the prize money without even obtaining sureties which is very strange. No Chit Fund Company pays the money to the auction-purchaser without obtaining sureties.
8. For all these reasons the order of the District Forum is unassailable.
The appeal, therefore, fails and is accordingly dismissed. Time for payment six weeks.
Appeal dismissed.
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